High Court Kerala High Court

The Travancore Devaswom Board vs The Deputy Examiner on 29 January, 2008

Kerala High Court
The Travancore Devaswom Board vs The Deputy Examiner on 29 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

 No. 5 of 2008()


1. THE TRAVANCORE DEVASWOM BOARD,
                      ...  Petitioner

                        Vs



1. THE DEPUTY EXAMINER,
                       ...       Respondent

                For Petitioner  :SRI.K.N.VENUGOPALA PANICKER, SC, TDB

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice V.K.MOHANAN

 Dated :29/01/2008

 O R D E R




                  P.R.RAMAN & V.K.MOHANAN, JJ.

                -------------------------------

                            D.B.A.NO.5 OF 2008

        (In the matter of approval of sanction for finalisation

      of tenders with regard to Vedi Vazhivadu in connection with

      Mandalam Makaravilakku for the year 1183 M.E. in Pandalam

                 Valiyakoikkal Devaswom of Aranmula group)

               --------------------------------

                Dated this the 29th   day of  January, 2008


                                        O
                                         R D E R

Raman, J.


       This   is   an   application   seeking   sanction   and   approval   for


finalisation of the auction by the Valiakoikkal Devaswom of Aranmula


Group   in   respect   of   Vedi   Vazhivadu   in   connection   with   Mandalam-


Makaravilakku   for   the   year   1183   M.E.     In   the   affidavit   filed   by   the


Secretary-in-charge  of the  Board  in  support  of the  DBA it  is  averred


that though tenders were invited for the Vedi Vazhivadu and   notices


inviting     such   tenders   were   published   four   times   as   in   the   previous


occasion,   there   was   nobody     to   tender   or   bid   in   the   auction.     A


newspaper   publication   was   also   given   in   Mathrubhumi   daily   dated


19/9/2007. Still there was nobody to submit any tender. Again a notice


was published inviting tenders and the auction was fixed to be held on


5/10/2007  and  again  on  25/10/2007  and  again  on  5/11/2007. The  bid


amount   was   only   Rs.1,40,101/-   which   is   certainly   less   than   the


previous   year's   amount.     The   fact   that     steps   were   taken   by   the


                                             -2-

DBA.No.5/2008


authorities   for   invitation   of   the   tender   and   that   there   was   no   tender


submitted   in   spite   of   paper   publication   effected     would   show   that


sufficient  interested  persons  were  not available  to  submit  tender.   In the


factual situation, we ratify the auction as sought for.


        DBA is closed.





                                                                            P.R.RAMAN,

                                                                                       Judge.





                                                                     V.K.MOHANAN,

                                                                                 Judge.

kcv.



? IN THE HIGH COURT OF KERALA AT ERNAKULAM

+WP(Crl) No. 22 of 2008(S)


#1. THOMAS PAPPACHAN @ BIJU, S/O.PAPPACHAN
                      ...  Petitioner

                        Vs



$1. THE CIRCLE INSPECTOR OF POLICE,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

3. SALY BOBAN, MANKARA HOUSE,

!                For Petitioner  :SRI.LATHEESH SEBASTIAN

^                For Respondent  :SRI.P.SANTHALINGAM

*Coram
 The Hon'ble MR. Justice P.R.RAMAN
 The Hon'ble MR. Justice V.K.MOHANAN

% Dated :29/01/2008

: O R D E R

P.R.RAMAN & V.K.MOHANAN, JJ.

——————————-

W.P.(Crl)NO.22 OF 2008

——————————–

Dated this the 29th day of January, 2008

JUDGMENT

Raman, J.

Petitioner, who is the father of Alina Mary Thomas, the alleged

detenue, has filed this writ petition for issuance of a writ of habeas corpus

to produce the alleged detenue, aged 7 years before this Court. He alleges

that his child is under the illegal custody of the 3rd respondent, who is the

elder sister of his wife. By an interim order dated 21/1/2008 the custody of

the alleged detenu was temporarily given to the petitioner-father. The

petitioner-father is employed abroad and he has come to Kerala and has

filed this writ petition. During the pendency of this proceeding both the

parties have jointly filed a compromise petition (I.A.No.1174/2008) settling

out the terms under which the compromise is arrived at. Both the parties

pray that the compromise be recorded and orders passed in terms of the

compromise.

2. We have considered the terms of the compromise. Considering the

fact that the petitioner is the natural guardian of the minor girl and that the

his wife is no more, the terms of the compromise is found to be fair,

-2-

W.P.(Crl.)22/2008

reasonable and hence accepted. Accordingly, the compromise is recorded.

The custody of the child is given to the petitioner-father. The passport

surrendered before this Court shall be returned to the petitioner through his

counsel, after obtaining proper receipt.

Writ Petition is disposed of in terms of the compromise. Compromise

Petition (I.A.No.1174/2008) shall be annexed with this judgment.

P.R.RAMAN,

Judge.

V.K.MOHANAN,

Judge.

kcv.